Islamabad ATC indicts Imaan Mazari, Hadi Ali Chattha in barricade removal case

Orders that Imaan and Chattha be physically produced at the next hearing, summons prosecution witnesses for October 9

ISLAMABAD:

An anti-terrorism court in Islamabad on Wednesday framed charges against lawyer Imaan Mazari and Hadi Ali Chattha in a case related to the alleged violation of a designated route and incitement during the arrival of an international cricket team, despite defence objections that legal requirements had not been fulfilled.

The ATC had fixed October 6 for the indictment of Imaan and her husband, Hadi Chattha. However, the proceedings were deferred a day earlier after they could not be produced before the court due to a power outage at Adiala Jail. The court directed jail authorities to ensure the accused were produced via video link at the next hearing, warning that failure to comply could lead to contempt proceedings against jail officials.

Today, Judge Tahir Abbas Supra presided over the hearing, during which Imaan and Chattha were produced before the court via video link. Chattha objected that he had still not received copies of the case documents and argued that charges could not be framed until all legal requirements had been met.

Lawyer Zainab Janjua also objected, saying neither Imaan nor Chattha had received the copies or been allowed to meet their lawyers. “The court cannot frame charges without fulfilling all legal requirements,” Zainab told the court.

The court nevertheless framed charges against Imaan and Chattha. “You can challenge this order,” Judge Tahir Abbas told Zainab.

The court ordered that Imaan and Chattha be physically produced at the next hearing and summoned prosecution witnesses for October 9. The hearing was adjourned until October 9.

Earlier, Zainab told the court that she had waited outside the jail for two hours but was not allowed to meet her clients despite a court order. She also said copies of the case documents had not been provided to Imaan and Chattha and requested that they be produced before the court.

Read: Islamabad ATC ends contempt proceedings as Imaan, Hadi sign powers of attorney for litigation

“I have the jail authorities’ reports with me,” Judge Tahir Abbas said.

Janjua questioned why Imaan and Chattha were not being produced before the court when other prisoners were being brought from Adiala Jail.

Dr Shireen Mazari also appeared before the court along with lawyers Eemal Khan Mandokhail, Zainab and others. Prosecutor Raja Naveed represented the prosecution.

At the previous hearing on Monday, the ATC had adjourned Imaan and Chattha’s bail applications until October 13 after the investigating officer failed to appear before the court.

Judge Abul Hasnat Muhammad Zulqarnain had expressed displeasure over the officer’s absence. The DSP later told the court that the investigating officer was in Gilgit-Baltistan and his phone was switched off.

Defence counsel had argued that all sections in the FIR, except the terrorism provision, were bailable and pointed out that the court had previously rejected the prosecution’s request for the physical remand of Imaan and Chattha.

Imaan and Chattha arrest

Imaan and her husband Chattha were rearrested on September 17, shortly after the Supreme Court granted them bail and suspended their sentences in a separate social-media posts case. They were produced before an Islamabad Anti-Terrorism Court in connection with a case registered at Kohsar Police Station.

Police sought 30-day physical remand, but ATC Judge Abul Hasnat Muhammad Zulqarnain rejected the request and sent the couple on judicial remand. The judge noted that although they had been nominated in the FIR as members of an unlawful assembly, no weapon had been attributed to either accused.

Read More: SC suspends trial court order, grants bail to Imaan Mazari, Hadi Ali Chattha

On September 27, the court issued a contempt notice to the Adiala jail superintendent after the authorities failed to facilitate the signing and transmission of the documents and also failed to produce the accused through video link. Two days later, the issue was resolved after Imaan and Chattha signed the required powers of attorney.

On September 29, the ATC ended the contempt proceedings against the jail authorities and separately confirmed that notices had been issued on the couple’s bail applications, with arguments scheduled before Judge Abul Hasnat.